In one of the most significant decisions on flow control since the United States Supreme Court's landmark decision in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330 (2007), the United States District Court for the Southern...
PLDO Law Blog
Month: March 2014
Preparing for Organics to Energy Technologies in Project Development
States across the country are expected to pass new laws and revisions to their solid waste policies that ban commercial organics from landfills. Massachusetts was the first and will implement a statewide ban to divert certain volumes of commercial food waste from...
The Importance of “First Impressions”
While the cliché, "You only get one chance to make a first impression," rings true in the social context, the phrase is also true in the business world where the stakes can be much higher. If you are applying for a bank loan, seeking capital from equity...
Considerations for Distressed Companies in a Down Economy
With the current state of the economy, some businesses have been more adversely affected than others. Typically, there are fewer options in financing debt for distressed companies. In his latest business advisory, PLDO Partner and business attorney Bill Miller,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
THE BENEFIT OF PASS-THROUGH ENTITIES
Why do pass-through entities such as LLCs taxed as partnerships remain the entity of choice for most closely held businesses? The primary benefit of operating a business through a pass-through entity, such as an LLC taxed as a partnership, is that the income generated...
APPLE’S CONCERNING NEW TEXT MESSAGE FEATURE
Apple recently released iOS16 for the iPhone. This newest release allows iPhone users running iOS16 to edit and unsend text messages sent between other iOS16 users. While this may be welcome news for those of us who make embarrassing typos or otherwise hit the send...
